Effective Date: May 2018
Abbott Diabetes Care Inc. of 1420 Harbor Bay Parkway, Alameda, CA 94502, USA (“Abbott” or “us”, “our” or “we”) is the developer of Sensors (“Sensors”), Readers (“Readers”) and glucose test meters (“Meters”) for the FreeStyle Libre family of products and the FreeStyle LibreLink mobile app (“App”), which may be compatible with the Site and the LibreView data management system (“LibreView system”). Abbott is the data controller of your personal information, including health-related information, transmitted to or stored within the LibreView system.
Newyu, Inc. holds the marketing authorisations/registrations for the LibreView system, provides the system to you and is a data processor of Abbott.
The LibreView system is a secure, cloud-based diabetes management system that is intended for use by individuals, healthcare professionals and Abbott to aid in the review, analysis and evaluation of the glucose data history, glucose test results and ketone test results to support an effective diabetes health management programme.
Please be aware that other third party glucose meters may be compatible with the LibreView system. Abbott is not responsible for your connection of these third party products or your decision to upload data from these third party products to your LibreView system account. All questions about the use of LibreView as a medical device are the responsibility of Newyu.
THE LIBREVIEW SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE LIBREVIEW SYSTEM IS AN INFORMATION MANAGEMENT SERVICE TO PERMIT THE ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE OF A HEALTHCARE PROFESSIONAL. INDIVIDUALS SHOULD ALWAYS CONSULT THEIR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS THEY MIGHT HAVE REGARDING A MEDICAL CONDITION, INCLUDING ANY QUERIES OR CONCERNS ABOUT DIABETES MANAGEMENT.
YOUR USE OF THE SITE IS ALSO SUBJECT TO THE LIBREVIEW PATIENT PRIVACY NOTICE AVAILABLE AT www.libreview.com (“PRIVACY NOTICE”), WHICH EXPLAINS HOW WE HANDLE THE PERSONAL INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SITE.
You need not register for a LibreView system user account with Abbott to simply visit and view the Site.
1. General. Abbott permits only one LibreView system account per e-mail address and reserves the right to limit the number of devices associated with a LibreView system account.
2. LibreView system account. The Site is your gateway to creating a LibreView system account in which your personal information, including health-related information, and the readings from your Meters, Readers and App will be stored and analysed by you, your healthcare provider and Abbott. Do not reveal your LibreView system account information to anyone else. You should not share your LibreView system account and/or password details with another individual. You are responsible for maintaining the confidentiality and security of your LibreView system account and for all activities that occur on or through it. You agree to notify Abbott if you become aware of a security incident or breach affecting your LibreView system account, including the case in which you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on your LibreView system account by unauthorised users or for any losses arising out of or in connection with the unauthorised use of your LibreView system account where this is caused by you.
3. Use of the LibreView System by Parents/Guardians. A parent/guardian may create a LibreView system account for use by a child. Adults are responsible for the child for whom they create a LibreView system account. If you agree to create a LibreView system account for use by a child when prompted, you agree to monitor your child’s use of the LibreView system. You agree not to use your child’s e-mail address (if he or she has one) when creating a LibreView system account. The LibreView system can create only one user account per e-mail address. If you would like to create more than one LibreView account for yourself and for one or more children, you will need to use different e-mail addresses, and in all cases you remain responsible for monitoring your child’s or children’s use of the LibreView system.
The LibreView system is designed and intended for personal use on an individual basis, and you agree that any LibreView system account you create for a child will be for the sole use of that child and will not be shared by you or by any other person. You are responsible for maintaining the confidentiality and security of your login details, including your password, and for all use and activities that occur on or through it. You agree to notify Abbott if you, or the child, become aware of a security incident or breach affecting the LibreView system account you have created for your child, including the case in which you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on this LibreView system account by unauthorised users or for any losses arising out of or in connection with the unauthorised use of the LibreView system account being used by a child where this is caused by you or the child.
5. Prohibited Uses of your LibreView System Account. You agree that you will NOT use the LibreView system to:
6. Availability and Accuracy of Information. The Site and the LibreView system, or any feature or part thereof, may not be available in all languages or in all countries and Abbott makes no representation that the LibreView system or any feature or part thereof is appropriate or available for use in any particular location. To the extent that you choose to access and use the LibreView system, you do so on your own responsibility and are responsible for compliance with any applicable laws. Any data transmitted to or stored by you in the LibreView system are based exclusively on glucose, ketone and insulin data and other information provided by you or third parties. Abbott makes no representations and provides no guarantees regarding the accuracy, completeness, reliability or timeliness of any data provided by you or third parties, or of any content generated by the data stored by you in the LibreView system. In particular, Abbott makes no representations and provides no guarantees that any information based on such data will be in compliance with government regulations requiring disclosure of information.
7. Deletion of your LibreView System Account. You may delete your account at any time. Your LibreView system account and all information, including personal and health-related information, stored in your LibreView system account will be deleted on receipt and processing of your delete request. Please be aware that it may take up to
72 hours to process your request. A parent/guardian may request deletion of a LibreView system account being used by his/her child. Please be aware that if your healthcare provider has set up their own account in the LibreView system and created a patient profile specific to you, your deletion of your LibreView system account may have no effect on the account or patient profile created by your healthcare provider. Abbott has no responsibility for retaining/storing or backing up your LibreView system account. You are solely responsible for retaining/maintaining/
storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Abbott is not responsible for unauthorised access to, use of or alteration of your information. If you e-mail, back up, take a screenshot of your account information or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Abbott will have no means of managing the privacy or security of that information. You should take the steps that you find appropriate to protect the security of such information. Unless otherwise required by law, you agree that your LibreView system account is non-transferable and that any rights to have a LibreView system account or any data stored in the LibreView system will terminate on your death. On receipt of a copy of a death certificate, Your LibreView system account may be terminated and all data therein deleted. E-mail [DiabetesCarePrivacy@Abbott.com] for further information. If you have chosen to share your LibreView system account information with your healthcare professional, family members and/or friends and you delete your account, those persons will no longer be able to view your glucose readings. Abbott reserves the right to delete inactive LibreView system accounts after 6 months. We will attempt to notify you in advance so that you have an opportunity to ensure your account stays current and available for your use.
8. Links to Third Party Websites. This Site may be linked to other websites that are not sites controlled or operated by Abbott (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites and, if applicable, allow you to configure your privacy settings in your Third Party Site account to permit your activities on this Site to be shared with your contacts in your Third Party Site account and, in certain situations, you may be transferred to a Third Party Site through a link, but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices from Abbott’s, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy notice and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any Third Party Sites. Abbott is providing you with links to the Third Party Sites as a convenience, and Abbott does not verify, make any representations, or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT ABBOTT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution or organisation of any third party entity or individual does not constitute or imply Abbott’s endorsement or recommendation.
9. No Medical Advice. THE LIBREVIEW SYSTEM FOR PATIENTS IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. INDIVIDUALS SHOULD ALWAYS SEEK THE ADVICE OF THEIR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION. INDIVIDUALS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION CONTAINED IN THEIR LIBREVIEW SYSTEM ACCOUNT. You should follow customary guidelines set by your doctor or other healthcare professional(s) when your readings are too high or low or if you experience other diabetes-related changes in your medical condition. WHILE ABBOTT USES INFORMATION IT RECEIVES VIA THE LIBREVIEW SYSTEM TO IMPROVE TREATMENT GUIDANCE, ABBOTT IS NOT A PROVIDER OF MEDICAL CARE AND ABBOTT IS NOT RESPONSIBLE FOR NOTIFYING AN INDIVIDUAL’S DOCTOR OR OTHER HEALTHCARE PROFESSIONAL(S) OF ANY CHANGES IN YOUR READINGS. The LibreView system is designed to help individuals better manage diabetes through information, analysis and communication. You and your doctor and other qualified healthcare professional(s) are solely responsible for communicating your glucose levels and other diabetes-related information, providing feedback and discussing and recommending testing and treatment options. Abbott does not recommend or endorse any specific tests, products, procedures or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE LIBREVIEW SYSTEM OR ON ANY INFORMATION RECEIVED FROM ABBOTT EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.
10. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW SYSTEM IS AT YOUR OWN RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT LIES WITH YOU. The LibreView system is designed for easy access to your glucose data and other diabetes-related data. Any content included in the LibreView system is for the purpose of providing information to permit the analysis of glucose data. Although Abbott believes the data displayed in the LibreView system to be accurate as at the time it is transmitted to the LibreView system, Abbott makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. Some of the foregoing disclaimers may be ineffective in certain countries/states/ provinces/jurisdictions and, therefore, might not apply to you in their entirety. In no event will Abbott be liable to you for any losses resulting from mistakes, omissions, or delays in transmission of information, or from interruptions in telecommunication connections to the LibreView system.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS PROVIDE THE LIBREVIEW SYSTEM “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND QUALITY AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY.
Abbott, its affiliates and its third party providers do NOT guarantee that the functions contained in the LibreView system will meet your requirements or that the operation of the LibreView system will be uninterrupted or error-free. Some countries/states/provinces/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to you in their entirety. To the extent that applicable law requires Abbott to provide warranties, you agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law.
Some countries/states/provinces/jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Except for information that you share with your healthcare provider via the LibreView system, in the case that you choose to share your personal information, including health-related information, from your LibreView system account with third parties, including third party apps, you acknowledge and agree that to the fullest extent permitted by law, neither Abbott nor its business partners are responsible for your decision to share and/or disclose your personal data, including health-related information, and you hereby release Abbott and its business partners from any liability that may arise from such third parties’ collection or other processing of your personal information.
13. Licence. Abbott does not claim ownership of the data you transmit or submit to the LibreView system. By disclosing your personal information to Abbott, you grant it a worldwide, royalty-free, non-exclusive licence to use, distribute, reproduce, modify, adapt, publish, and translate such data for the purpose of providing you with the LibreView system. Abbott may create, access, retain and use, or disclose to third party researchers aggregated, anonymised, de-identified (or pseudonymised to the extent permitted by applicable law) data derived from the LibreView system for the purposes of research, to evaluate how the LibreView system is provided, to evaluate its use and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the LibreView system and the Meters, to validate LibreView system upgrades, or for product development. You agree that the licence herein permits Abbott to take any such action.
14. Feedback. Any data, comments or materials that you supply via the LibreView system or provide to Abbott in order to receive support, including feedback data, such as questions, comments, suggestions or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind in respect of such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute the Feedback to others without limitation, except for health information and personal information that might be included in the Feedback but is subject to “Section 13. Licence” above. Furthermore, Abbott shall be free to use any idea, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.
15. Trademarks. LibreView, FreeStyle LibreLink, LibreLinkUp, FreeStyle Libre, FreeStyle and related brands are trademarks of Abbott Diabetes Care Inc. in various jurisdictions. Other trademarks are the property of their respective owners. No licence or right, express or implied, is granted to you in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the LibreView system. No use of any Abbott trademark, trade name, or trade dress may be made without the prior written authorisation of Abbott, except to identify the product or services of the company.
19. Support. You can get free technical support by going to the LibreView.com support site and clicking on the “Contact Support” link. Enquiries will be directed to the appropriate support teams.
Please print a copy of this Agreement for Your records.